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  • Pertaining to all railroading subjects, past and present, in New England
Pertaining to all railroading subjects, past and present, in New England

Moderators: MEC407, NHN503

  by l008com
 
I drove by the spot today and the diamond IS still intact. It actually looks like they haven't really done very much construction yet so who knows for how long. I was short on time so didn't stop to take pictures.
  by MaineCoonCat
 
Petition for Declaratory Order
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https://dcms-external.s3.amazonaws.com/ ... 303108.pdf
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..............................Sorry, file's too big to provide a pdf here.
Last edited by MaineCoonCat on Wed Nov 09, 2022 12:35 pm, edited 1 time in total.
  by MaineCoonCat
 
Sudbury's "Trail Use Request".
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https://dcms-external.s3.amazonaws.com/ ... 303108.pdf
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303108 trail use requesi.pdf
You do not have the required permissions to view the files attached to this post.
  by MaineCoonCat
 
Sudbury Valley Trustees "SVT" Support Statement
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..............................https://dcms-external.s3.amazonaws.com/ ... 305385.pdf
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305385 SVT Support Statement - Rail Trail.pdf
You do not have the required permissions to view the files attached to this post.
  by MaineCoonCat
 
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...........................https://www.masscourts.org/eservices/se ... n1Nxgy9h8g
  by FatNoah
 
If the STB confirms the line as active, the agreement between Eversource and the MBTA is open to legal challenge.
I'm not sure if PSI has been paying attention to STB decisions, as the STB already denied that action. In the same decision, the board also denied the town's request as well, since a notice of interim trail use requires the owner's (MBTA) consent, which was not provided.

Quotes from the decision: https://dcms-external.s3.amazonaws.com/ ... /50926.pdf

Here, however, PSI has no interest in the integrity of the rail
system or the provision of rail service, which is what § 10501(b) is designed to protect. Because
PSI has no interest in rail service, or even a claimed property interest in the rail line, it is
unnecessary for the Board to determine the extent to which preemption might apply...
The Board also need not address the issue of whether the Line
was abandoned. Apparently, PSI seeks a determination that the Line was not abandoned only
because such a determination is necessary for the Board to reach the preemption question, which
is, in effect, the issue raised by PSI.
Moreover, the types of actions taken or planned by MBTA— granting easements for a trail and subsurface utilities in the right-of-way and removing track—
are not generally inconsistent with the reactivation of rail service in the future.6
With respect to the utility easement, PSI points to certain provisions of the
easement as indicative of MBTA’s “intent to eliminate the possibility of rail service
reactivation.” (Pet. 17.) However, as noted above, the easements contain provisions providing
for MBTA’s right to operate rail service on the Line. If MBTA intended to prevent the
reactivation of rail service, presumably it would not have included such provisions.
  by MaineCoonCat
 
I find this from page 11 of the new PSI petition interesting. Bolding is mine.
A full abandonment not only extinguishes the common carrier obligation as to a line, but
also removes the underlying right-of-way from the STB’s jurisdiction. Hayfield N. R.R. v.
Chicago & N.W. Transp. Co., 467 U.S. 622 (1984) (once abandonment authority is exercised, the
right-of-way is no longer subject to Federal rail regulation and its disposition is subject to state
property law instead). In contrast, discontinuance authority relieves the carrier from its
obligation to provide service over the line, but the carrier holds the right-of-way in reserve for
potential future reactivation of rail service (i.e., it “railbanks” the line). In other words, the
discontinuance of service as opposed to full abandonment of a line avoids the extinguishment of
any rail easements under state property laws and the return of such property to reversionary
interest holders. Preseault v. ICC, 494 U.S. 1, 5-6 n. 3 (1990).
Hmmmm..
  by BandA
 
The Sudbury Valley Trustees have a great "track" record of preserving open space. I hope they haven't been drawn into a nimby battle.

I don't think power lines were contemplated when those railroad easements were executed in the 1800s. The property owners deserve additional compensation and Eversource should be forced to get an additional "underlaying" secondary easement by eminent domain and through the utility regulator. Maura Healey and her new MBTA chief will be right on top of this /s.

Direct abutters will be queasy about folks walking and bicycling behind their property, but everyone else will quickly come to enjoy having a rail trail. Heck two intersecting rail trails!! Did they ever do anything about the rail trail over the disused Sudbury Acqueduct? (from Newton to Framingham) That would be three intersecting rail trails!!
Last edited by BandA on Sat Nov 12, 2022 7:16 pm, edited 1 time in total.
  by Red Wing
 
Not necessarily electric but Western Union used many ROWs for telegraph lines back in the 1800's. So yes utilities and railroads have worked together since the beginning.
  by BandA
 
MaineCoonCat wrote: Tue Nov 08, 2022 11:18 am
ceo wrote: Mon Nov 07, 2022 10:43 pm But my understanding is that the Bruce Freeman Trail, which also goes through Sudbury, is quite popular, and the town is spending a a lot of money to acquire the ROW and build the thing.
The town did purchase the ROW south of the diamond. MBTA owns the ROW north of the diamond. It's my understanding that, as of now, the BFRT will terminate at Boston Post Road as Framingham has not done anything as far as continuation.

Town meeting has voted funds since 2014 to "design and build" and I do know there were some soil borings done (don't remember when) but I've yet to see anything visibly happening. There were a couple of DEP filings in 2016, 301-1174 and 301-1193. 1193 was something to do with a bridge, which in my fading memory I think was at Pantry Brook. 1174 was an ANRAD (Abbreviated Notice of Resource Area Delineation), locus: I don't know. From below, I calculate that the town has "invested" US$2,095,000 in this so far.
So the Town of Sudbury has bought the ROW (remind me what the line was called) from the diamond south to the town line, and, as usual, the City of Framingham has done nothing??
  by johnpbarlow
 
Framingham intends to close on $5M purchase of 3.2 miles of CSX RoW to extend the Bruce Freeman Rail Trail:
Framingham Close To $5M Deal To Expand Bruce Freeman Rail Trail

Framingham has agreed with CSX Corp. on the purchase price of $5 million for the 3.2 miles of land currently featuring old railroad tracks.
https://patch.com/massachusetts/framing ... rail-trail
  by chrisf
 
MaineCoonCat wrote: Thu Nov 10, 2022 11:17 am I find this from page 11 of the new PSI petition interesting.
The STB ruled against Protect Sudbury’s petition back in February.
  by MaineCoonCat
 
It will be interesting to see where they terminate it in Framingham. The area around the crossing at Pleasant really doesn't lend itself to any sort of parking except maybe opposite 3 Sun Valley Dr.. The city does also own the land at the end of Sundial Place that would've been the triangle between the Lowell Secondary and the Agricultural Branch. So I suppose that may be an option.
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https://framinghamma.mapgeo.io/datasets ... on&zoom=17
  by MaineCoonCat
 
chrisf wrote: Sun Nov 13, 2022 11:34 am
MaineCoonCat wrote: Thu Nov 10, 2022 11:17 am I find this from page 11 of the new PSI petition interesting.
The STB ruled against Protect Sudbury’s petition back in February.
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DAGNABBIT!! I had the wrong one! Thank you for catching me on that!
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Let's try the (hopefully) right one, filed by "RAIL LINE ABUTTING LANDOWNERS".
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Unable to provide a PDF here as it's a 122 mb. file. Please download
from:
https://dcms-external.s3.amazonaws.com/ ... 304818.pdf
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  by MaineCoonCat
 
..............................Work has started at Parmenter Road/Ordway Station (Hudson).

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......................................................................View looking north (toward Main Street).
When I drove through, they were using a powered tamp to tamp down broken stone on the east side. I didn't see any tree cutting as yet.
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